Joan Collins (Dublin South Central, Independent) | Oireachtas source

I will share time with Deputy Pringle. There is a great deal of confusion about this issue because people think it involves moving the Children and Family Relationships Act 2015 onto the next stage. Like every Deputy who has spoken so far in this debate, I have received many emails on this Bill. In light of the ongoing confusion I have mentioned, a concerted effort is needed to send people a message about what is involved in this amending Bill, which is necessary to facilitate the enactment of Parts 2 and 3 of the 2015 Act. My understanding is that this technical Bill involves the amendment of two sections of the 2015 Act. Section 4 gives certain rights to families that have children from anonymous gametes and intend to use existing stored anonymous gametes to have further children who will be siblings to the existing children. This acts as a transitional arrangement to enable those who have conceived via anonymous donors to use gametes stored from the same donation for the conception of another child. However, anonymous donation will be banned after the 2015 Act has been fully commenced. This amending Bill will specifically amend a reference to "section 26(6)" in section 4 of the 2015 Act. Without the correct reference, families will not be able to use their stored donor gametes at all, which would go against the transitional arrangement inherent in section 4 of the 2015 Act.

It is important for us to send a message to people about what is involved in this legislation. Sections 14 and 16 of the 2015 Act deal with consent forms and cover numerous circumstances in relation to donation, including consent to use donation and to have donor implantation. They also give the Minister the power to make regulations in this regard. This amending legislation will amend sections 14 and 16 to enable the enactment of Parts 2 and 3 of the 2015 Act. I want to clarify that this amending Bill addresses the position in respect of same-sex female couples only. My understanding is that the position in respect of same-sex male couples will be addressed in the upcoming assisted human reproduction Bill at the end of the year. That is one of the reasons I support the amendment that is being proposed by People Before Profit. It is important for us to have a timeline. After this amending Bill has amended the relevant sections of the 2015 Act in the manner I have outlined, it will be possible for Parts 2 and 3 of that Act to be enacted. The enactment of those Parts will allow same-sex female couples to apply to the courts to declare parentage. It will not allow for the deregistration and reregistration of a birth certificate that is required to have a partner's name on the birth certificate. For this to happen, Part 9 will have to be enacted and this falls under the remit of the Department of Employment Affairs and Social Protection

Other Deputies have mentioned particular queries they have received. I would like to refer to a query I have received from a couple. The person who sent me the query said that she and her wife have a two year old daughter and that she is pregnant with their second child. They went abroad - to Spain and to Portugal - for both babies to avail of reciprocal IVF, which is not legal in Ireland. This form of shared motherhood means that the woman who wrote to me carries the pregnancies and her wife's eggs are used. Even though her wife is the biological mother of both children, she is a legal stranger to them currently. This woman told me she understands that the Bill before the House will cover only those lesbian couples that have used Irish clinics with identifiable donors. She and her partner used a clinic abroad with an anonymous donor because this was the only option open to them in Spain and Portugal. They want to know where this legislation will leave them. The woman who contacted me thinks it is crazy to think this legislation will not extend to her wife, who is the biological mother of their children. She made the point that if anything, her wife and not her should be the person who has rights to the children. Regardless of how same-sex couples conceive their children - in clinics, through IVF, via home insemination or through surrogacy - their children are all equal.

People want equality and legal recognition.

As I stated, it is an amending Bill. Most parties will be supporting it because it is three years too late. It should have been introduced much earlier. I will be supporting the amendment tabled by People Before Profit.

See this speech in context